What to do if the father does not pay alimony - step by step recommendations and ways to solve the problem

More and more often modern women think,What to do if the father does not pay alimony. This issue is mainly concerned, as already pointed out, by the mothers of minors. After all, it is usually the female half of society in the divorce that takes on the responsibility for the upbringing and maintenance of the child. The second parent is given an alimony payment. Most often - only a minor. But what if the servant suddenly stopped paying? How to act in this or that case? What payments are made for children in Russia? Below we will consider all issues related to maintenance and their payments.

Definition

What is alimony? Every modern citizen should know the answer to this question.

Alimony - the amount of money paid with a certain periodicity (often monthly) for the maintenance of a relative in need. Means can receive:

• spouses;
• parents;
• children (including adults with disabilities).

Other relatives also have the right to alimony, but often such disaggregations are not found.

A lot of disputes and problems cause child support forchildren. They, as we have already said, are paid by the father (or mother, if the kids do not live with her) for the maintenance of minors. What if this does not happen? How to resolve the conflict? And is it worth doing anything at all?

Amounts of payments

What if my father does not pay child support? Very often mothers simply do not attach importance to this. In some cases, fighting for alimony is simply meaningless. Why? Part of the fathers will pay a penny for the child's maintenance. And knocking out debts will do more harm than good.

In Russia today, alimony can be assigned in a fixed amount and as a percentage of the salary. The second option is the most acceptable.

The parent should allocate:

• 25% of their monthly earnings - for 1 child;
• 33% - for 2 children;
• 50% of profit - on 3 or more minors.

Accordingly, if the parent receives a minimum wage, the alimony will average about 2-3 thousand per month. This is very small. Under similar circumstances it is easier to forget about the defaulter and to live on.

Methods of assignment

What should the mother do if the child's father does not pay the so-called alimony? It all depends on the circumstances. After all, each family has different incomes and reasons for delaying payments for the maintenance of the child.

It is worth paying attention to how the alimony was assigned. This will determine the further actions of the mother.

In Russia, alimony can be paid:

• by personal agreement between the parents;
• with the help of a peace alimony agreement;
• through a court order.

The official appointment of alimony is consideredlast settlement. It is with him that it is interesting what to do if the father does not pay alimony. After all, in all other variants of the development of events, it is extremely easy to solve the problem (theoretically).

Oral agreement

Is the father of the child not paying alimony? What to do? Let's start with the rarest, but the existing scenario. This is an oral agreement between the former spouses.

This is the most vulnerable scenario. Parents simply agree among themselves about how much the father will pay monthly for the maintenance of minor children. This method is often used if the pope receives a "salary in an envelope".

As it is easy to guess, this option does not give any guarantees. What if my father does not pay child support? When speaking orally, you should act like this:

1. Contact the ex-spouse and ask what the matter is. It is not excluded that now the ex-husband has financial difficulties. And that's why alimony is not allocated.
2. If you could talk to your ex-spouse, offer to conclude an alimentary agreement.
3. In case of refusal and continuation of the delay in alimony, file a claim with the relevant authority requesting the recovery of the funds.
4. Refer the judicial decision to the bailiffs.

That's all. Now it remains only to wait. As a rule, it is enough to inform about their intentions to sue the court, as the fathers think and begin to remit money to their children. Unfortunately, this is not always the case. And in some situations it is necessary to go to the victorious end.

Peaceful agreement

Does the father not pay alimony? What to do? In Russia, as we have already explained, the corresponding payments can be appointed in different ways. And depending on this, the further algorithm of actions will change.

If an alimony agreement has been entered into between the former spouses, you will have to prepare for the court. Or rather, it is recommended to act like this:

1. Contact the father of the child and ask why he stopped paying under the contract.
2. Wait for a while. Maybe, after contacting the mother of a minor, the father will come to his senses and pay again.
3. Apply to the court for the official purpose of alimony payments.

As soon as the plaintiff has a judicial decision on his hands, it will be possible to come to the bailiffs and ask them to take part in the process of collecting funds for the maintenance of the child.

By court

But that's not all. A former husband does not pay alimony? What to do?

Now it's time to consider the most difficultsituation - when earlier compensation for the child's maintenance was appointed by the court. Even the presence of a judicial opinion does not force certain dads to conscientiously allocate funds for minors.

What if my father does not pay child support? It is recommended that you proceed as follows:

1. Collect information about the debts on alimony.
2. Apply to the court for recovery of penalties.
3. To go to the bailiffs with the decision of the established form.
4. Appear to the employer of the former spouse and inform him of the debts.

Then you just have to wait. All listed instances will begin to struggle with the alimony-debtor. Only in real life, even after these steps, it is not always possible to get alimony.

About the conclusion of the agreement

About what to do if you do not pay alimony(step-by-step recommendations on this issue will be presented below), we will talk later. Several algorithms of actions by law have already been studied. But, as has already been said, these proposals do not always work.

How to make peace agreement on alimony? This method sometimes helps to force the father to support, but without litigation.

To implement the idea in life will have to:

1. Gather some package of documents. Namely: passports, income certificates (preferably), marriage / divorce / birth certificate of children, maintenance agreement.
2. Appear to a notary with the listed papers.
3. Sign the agreement and assure it.

Done! No such registration requires an additional registration. The main thing is that the notary assures him. The contract should not contradict the current legislation of the Russian Federation.

Documents for the court

What to do if the father does not pay child supportchild? You can collect money either for the entire period of non-payment, or for the last 3 years (if the children are already 18 years old). Usually a fairly effective technique is to go to court.

Consider such cases world judges. With her mother will have to bring:

• statement of claim;
• certificates of income of the former spouse (or application submitted to the employer);
• birth certificates of children;
• certificate of marriage or divorce (if any);
• alimony agreement (if any);
• court order on the assignment of alimony (if any);
• extracts indicating child support debts;
• identification.

Sometimes the real income of the father has to be proved. In this case, any materials that can indicate how much the potential payer of alimony actually receives are suitable.

Good Practice

What should the mother do if the father does not pay the child? As we have already seen, everything depends on the circumstances. But in real life by law to recover alimony from the debtor is problematic. In fact, it's impossible. After all, people who flatly refuse to allocate funds for children will always find a way to escape from legal sanctions. For example, hide.

What if my father does not pay child support? A fairly effective method is to contact collector companies. Relevant organizations with all their strength beat out the debts of any money. Collectors do not always act legally, but for recipients of alimony it is not always important. In their case, they will not be held accountable for violations of Russian legislation.

Consequences of non-payment

Today in Russia they try all waysto fight with non-payers of alimony. What threatens the accumulation of debt? In some cases it is enough to remind the father of the child about the consequences, as soon as the alimony goes to the account of the mother and children.

For today it is necessary to be afraid of the following sanctions:

• compulsory or forced labor;
• arrest;
• forfeit;
• fines;
• withdrawal of driver's license;
• bans on going abroad.

In addition, the employer may begin to holdfrom the debtor's salary the amount of alimony. With large debts, the father's property of the children is seized, the sale of seized items and the offset of the proceeds to the debt. Every modern citizen should remember this.

When you can not demand

We found out what to do if the father does not pay alimony. But it is not always possible to demand the funds for the maintenance of minors.

Often, you can not claim alimony:

• if paternity is not proven (or refuted);
• when children reach adulthood (except for limitation of actions);
• if the child has received emancipation;
• when transferring under an alimony agreement to the property of the child property that brings income.

In fact, alimony is one of the most important and problematic consequences of a divorce. For today in Russia on the maintenance of the child in marriage too it is possible to submit the claim. And such situations are encountered.

Some simply refuse alimony. After all, in the future, a needy, negligent father can demand maintenance from a child who was not engaged in biopap in his youth. Often, mother prefers to just wait until the child turns 18, and the former spouse will accumulate a huge debt. Then it will be possible to free the children from the said surprise in the future.